Act 9 Penal Code Act 2008 (c) the act was not committed with the intent of causing death or attempt to cause death in order to prevent or avoid injury only to property, and not an individual person; (d) death of an individual person shall under no circumstances be deemed to be for the benefit of that person; and (e) pecuniary benefit is not deemed to be a benefit within the meaning of this section. Illustrations— (a) A passenger train traveling at a high speed is approaching a stationary passenger train upon the same line of rails. A railway employee, as the only means of preventing a collision that would probably involve the lives of many passengers, switches the moving train in to a siding. The employee is not guilty of an offence if in light of all the circumstances, his or her act was reasonable, although fatal though less serious accident will likely result and a fatal accident in fact occurs; (b) “A” in a great fire pulls down houses in order to prevent the conflagration from spreading. “A” does this with the intention in good faith of saving human life or property. If, in light of the circumstances his or her acts are found to be reasonable, “A” is not guilty of an offence. (c) “Z” is seized by a crocodile, “A” fires at the crocodile knowing it to be likely that the shot may kill “Z” but not intending to kill “Z” and in good faith intending “Z’s” benefit. In fact “A” kills “Z”. “A” has committed no offence. 30. Children under Twelve Years of Age not Criminally Liable. A child under twelve years of age, shall be deemed to lack criminal capacity and shall not be tried for or convicted of any offence, which he or she is alleged to have committed. 36

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